Legal Language Blog

Many people put off creating a will for years, but what happens if you die without one?

Whether you are young or old, rich or poor, you should consider creating a will or trust. When a person dies without a will, an already difficult situation can become a complicated legal mess for the person’s loved ones.

When The State Is Involved

When a person dies without a will, it is said that the person died “intestate.” Each state has intestacy laws in place which determine who is entitled to the deceased’s property and assets.

While intestacy laws vary slightly from state to state, they generally follow the same path, especially for smaller estates. If someone dies without a will but owns no property and has assets of less than $100,000, no formal court proceeding is required. Family members can file a Declaration of Small Estate through a bank, or even the DMV, and are then allowed to collect and split the deceased’s assets.

If property is involved, however, collecting the estate becomes more complicated.

When Property & Relationships Are Involved

When a person dies without a will and owns property, the process varies considerably based on the deceased’s relationship status.

If the person who dies without a will is single with or without children, the process is generally easier than if the deceased is married or has a domestic partner.

What If the Person Who Dies Without a Will Is Single?

If a person who is not married dies without a will, the person’s estate goes to his or her child or is split evenly between multiple children.

If the person who dies without a will has no children, then the estate goes to his or her parents. If the parents are deceased, the estate is split among siblings.

What If the Person Who Dies Without a Will Is Married?

State laws vary far more widely if a person dies without a will and leaves behind a spouse or domestic partner, children, and other relatives.

If there are children in the relationship, they may inherit up to two-thirds of the estate while the spouse receives the remainder.

If there are no children in the relationship, the surviving spouse may inherit the entire estate — or, depending on the state, as little as one-third of the property and assets, with the rest going to the parents and siblings of the deceased.

Intestacy Laws Around the World

In ancient times, if a person died and left no clear heirs, kings or other rulers would claim the deceased’s estate as their own.

In some ways, that rule is still in effect — if the deceased has no living relatives, his or her property and assets get turned over to the state.

Many countries around the world have intestacy laws similar to those of the United States, including Canada, England, Wales, and Ireland. Other countries do not have explicit intestacy laws, but many family members of people who die without wills can successfully claim ownership of their deceased relatives’ estates.

Note: This page is for general informational purposes only. LLS cannot give personal legal advice to any individual. Please contact an attorney with any questions.

Hello Barbara,
Yes, it’s always important to have a will, and your case is no exception. Just think of it this way: if both of you were to pass away, what would happen to the home? Would your children be able to simply divide up amongst themselves fairly? It only takes one to put their feet in the sand and gum up the works for everyone. And besides, you don’t want to put them in that position in the first place, as having to decide how to divide up a loved one’s assets is just an ugly and sad thing to have to do. So I would definitely suggest that you and your husband work on getting your will in order. Read more here:http://www.bigstatehomebuyers.com/what-happens-to-someones-house-if-they-died-without-a-will/
Hope this helped!
— Brian Spitz, President of Big State Home Buyers

hello I have a question for you. my mother had signed over money and a house before she died of cancer to her mother who is my grandmother. my grandmother bought 20 acres of land with the money my mother had left my grandmother to raise my sister and i.when my mother dies she left a will stating that everything is to be given to us girls if my grandmother dies. my grandmother died in 2016 and now there is a probate case open now and there is involved my cousins and my aunt. my question is here is shouldn’t my sister and I get what my grandmother left which is two properties? I’m in a hole and don’t know what to do and cant find answers I need and my lawyer isn’t cooaperating with me. please help me.

My dad has passed away November just gone, he was single, left no will. Does his sister have any rights? She said she would let me the eldest son know about things when they unfreeze his bank accounts etc. She has just avoided anything that iv asked her since . can you give me any advice on this as i strongly believe that she’s spent his money, my dad also had shares of the 3 bedroom house left by his parents. I’m just left with nothing and it was me who found my dad, and also done most of the looking after him until he lost his life to throat cancer, in his rented property next door to the property which was left between my dad and his 2 sisters i believe. Can you give me any advice about this please?

My mom passed away in November of 1997. My stepdad passsed away in July of 2006. Long and short of this…..Today my stepdads neice calls me stating that she has been contacted regarding a life insurance policy for my mother. She stated that they contacted her and that she wanted to give me the ladies name and number for the insurance company. I asked the neice to send me a picture of the letter. The letter starts out stating that they are in receipt of a life insurance policy for my mother. I call and the adjuster informs me that the money was left to my stepdad but never claimed. Please keep in mind my mom is passed nearly 20 years ago and my stepdad 11 years. He has no children and owned nothing. The insurance adjuster asks me to send her my moms death certificate so I do along with copies of paper for other insurance policies that were split evenly between my stepdad and both my sister and my self nearly 20 years ago. Is his family supposed to get this money????

Whom do I get ahold of for my deceased husband’s assets we were not living with each other but legally married for more then twenty years he live in california and has sixty five thousand unclaimed assets and two sons ones older and and from first marriage and my son Steven we were taking turned eighteen from second marriage

He came back to n.m. to try and work out relationship and he passed away and older brother has not let touch nothing that belonged to his brother Steven cause he lived with him .I’m representative of his estate and his other son went got all of his dad’s stuff and trashed it so went to get his belongings and bog brother got rid of all there belongings with out my permission what can I do

Hello my daugther passed away in Janurary , she has four children but she had no will. What are there rights? The kids signed a waver for there grandmother to be over there monies ,but she were told that she could not be over the monies, because her credit wasn’t good enough. So the kids has lost the home , and are homeless , car is on the next step to being repossessed . So what can they do? Ps [kids are living with family]

My girlfriend is going through a similar issue. Her mother passed away with no legally binding will. The paper she has is hand written by her mother. Her mother wanted her two daughters to split everything evenly. My girlfriends sister however took everything and moved away. Has only spoken to us once. When asked she says there was no will and my girlfriend will not receive a dime.

my brother passed away.And was living with his fiancea. But there was no will does she have to return all of things to my father.Or does she get to keep all of his belongings. She is not releasing anything to us. Does she have a right to keep it.

My mother was with a man after being married unhappily to my father for 30 years she met and stayed with this second man, (who I will refer as her second (common law husband) as she was devoted to him faithfully until her dearth after 18 years. They had always lived in Southern California together, happily. that he has now passed away, without any family would my sister and myself be entitled to at JORITY least a portion of his estate being that when they were first together, my mother took care of him when he was utterly destitute with my father’s money: something that my sister and me where fine with, as long as they were happy together…what did it matter. But we feel that rather then the majority of his holdings just go to the US Treasury, unanimously, since he was part of our family we can do something useful and improve the quality of our lives. Any thoughts?

My mom passed away and she never did a wll i have been paying the mortgage for a year and i live in the house but i have a brother that wants to come and get half of the house when he hasn’t paid a penney in the house what can i do to protect myself and put the house under my name

No will done then it goes to her children who are yourself and your brother so yes he has the right to claim half of the home unless you buy him out, I; am in the same situation only my brother owns half of the home and my mothers half goes to myself and my other brother. My brother that owns half wants all of it and he can only do that by buying me and my other brother out.

I live in statesville,nc…his daughter has been here twice to get his belongings..she has got his debit card from me and emptied his bank accou nt out..now she wants to come back for a third time and get more personal belongings..how many times do i havee to let here in and what papers could she of filled to make me let her back in again??

my fiancé of 22 yrs recently passed away with no will. all the property we owned truck car mototcycle and house are all in my name. his name is on nothing we never spoke about who would get what as all was in my name now his son said he is going to take me to court to get his dads motorcycle I said regardless of hear say that bike is in my name and you are not getting it. is there a way he can come after me for my stuff

My mother Marge and her partner Shirley were together 30 years. They were legally married in August 2015. In December 2016, my mother’s partner died from her battle with cancer but didn’t leave passwords or information about several bank and stock accounts that she owned. My mother is having problems accessing these bank and stock accounts and needs them to help pay the expenses for the house they shared. She just keeps saying that because Shirley was the “sole owner”, she can’t access them. Doesn’t being married give her rights to Shirley’s property when Shirley had no other heirs or children?

My relative just passed away. She is a widow with one child. She owned a titled MH in her name only that is trashed. She left numerous unpaid bills. No will can be found. Her only child wants nothing to do with MH as they live out of State and with no money they can’t afford to be away from work to clean it out. It would take a lot of money and time. Can he be help liable if no will can be produced?

Ok my dad passed away in January with no will. Three years ago his wife got up and left him brought a house in another state. She did not pay any of his bills now the collectors are calling us. My dads name along with my and my siblings name are on the deed does his wife that left him three years ago have any right to my grandparents house this is killing my family. If so how can this happen. My dad never files for divorce or separation. But all in all my grandparents build this house and now she is fighting for this house. Please help us. We do have a lawyer she said she can get up to fifty thousand then half of everything that’s left is this true if so this is not fair in any way can we take her to court and win or is their no way in hell that we can win this case. It’s not about us getting anything she already go my dads stuff we just want our granparents house to stay in our family.

my uncle died months ago but since hes living abroad>usa and were living in the philippines we dont have the means to check if our other relatives are processing stuff accurately.

i just want to know if its really possible that a bank such as bank of america will just give partial amount for all the expenses of my uncles burial? do banks really access deceased account to provide partial amount?without the bank releasing the whole account?>

My dad died in 2017. He did not leave a will. He had a wife which is my stepmother. I think she is on the title of the house. I have 3 siblings from my dads first marriage with mom. My mom passed away in 1988. I also have 4 half siblings through my dads 2nd marriage.

Milton shabalala
HI my name is Milton shabalala, i am living with my mom my dad died long ago(2001).My dad had other children with another Wife but they broke up…after that my dad met my mom and we were born.So now my dads first born came in and took everthing that was left by my dad back then.So my question was he suppose to do what he did ?

Hello, I am from Texas and recently my father had passed. He didn’t have a will what so ever and is needing advice onto getting his belongings.. Me, my brother and sister have been trying our butts off to figure things out on going about doing this because the woman my father was with is giving us a hard time getting our fathers things. They were not married at all. She refuses to give us anything and says our fathers things are hers now and its not right nor its not her things what so ever. She has caused us nothing but being truly upset, cussing at us for no reason. When our father passed she completely left everything for us to figure what to do with us burying our father and not helping. I don’t understand why someone or how someone can truly be so freaking mean and heartless. Please if anyone can help me know on what us kids can do. We are all adults here like I have told this lady but she refuses to even speak to us anymore..

My dad passed away in 2015 .him had a will but it was to his wife which is my stepmother. But she died in 2014 . He has not changed his will . I am the only blood related son , he has an adopted son I know its is suppose to be a 50 /50 split but on some stuff like his silver star and purple heart and other medals from Vietnam does the older blood relative not get thwm

My ex brother in law is very ill and is not expected to live,, he has never married and no children and no living family and no will or any other directives. If he would die what would happen to his estate? He doesn’t own any property and doesn’t have very much personal belongings or money except for a motorcycle. He does have a girlfriend that he has never lived with and he is living in a house that I own rent free because he doesn’t have any money.

I have a similar but complex situation with regards to “Wills”. The complexity is within two families, involving complete isolation & seperation.

My situation is as such – my older brother was married to someone with 2 kids (my nephew & niece) and is now deceased in Colorado, USA. Since they were married, there was a complete ISOLATION and barrier formed between the TWO families. As a result, my own parents were not able to communicate and have a happy/wonderful life of their remaining (now retired) years with their own grandchildren. After the death of my brother, we lost everything! Especially, my brother’s two little kids (my parents’ grandchildren).

I believe, after a little bit of reading, however I could be wrong – do we (including, my parents) have some “Legal Rights” or can we have any types of legal proceedings with regards to – my brother’s property & assets, Will (the daughter-in-law refused to share this Will in the first place), grandparents requesting grandchildren access/visitation(s), etc.

At first, I was not inclined to post here, but I am very much worried for my parents’ existence and the remaining years of loneliness & depression, however it absolutely makes it worse when knowing, we lost everything!

Is there anyway we can fight against this matter?

For further details only – I am the youngest sibling residing in Australia and my parents are in the US.

Im not sure what to do…I have one parent(mother) in assisted living due to a stroke and spouse(father) has passed away with no will. There are only us two siblings(son & daughter) My sister is POA of my mother, so this is where Im trying to figure stuff out. Am I entitled to any of the personal belongings of my father at this point. My sister is being shady and will not speak with me regarding personal items within the house. The house will be sold to pay for care for mother, but again personal items involved. Do I David (brother/son)have rights to personal possessions of my parents?

My mom is in a adult care home and has dementia, her doctor has hospice involved and it’s looking like my mom may have little time left. I live in Washington and she is in Oregon. Before my mom went into the care home she lost or had stolen her purse with her Oregon I’d and social security card in it. We never found it and right after that happened I had received notice from her case manager (senior services) that they had a spot in and adult care home so we never got the id’s replaced. She still had her bank debit card and the owner of the home can withdrawal the part of the rent that the state doesn’t cover. Mom has nobody on the account so this has been the only way to pay her bill. All has worked out fine and I’m able to go online to her bank account and make sure nothing is amiss as well as transfer any money not needed for her rent into her savings account. She now has under 2000.00 built up in savings. She doesn’t want a funeral as her and my dad donated their bodies to science care. My dad passed in 2008. The hospice nurse is telling me it would be a good time to come visit her as they do not know how much time is left. I’m on disability and ssi and can not afford to make the trip as well as stay for 5 or so days in a motel. Hospice has been checking to see what resources they can come up with as well. So my question is 1. Can money in her savings be used to pay for my motel bill with me keeping receipts? 2. If she passes will the money in her savings go to me? She has no bills or debts.

hi my grand mother passed on last year not leaving a will so her house was inherited by my father who then passed on last month so I don’t know how to gain ownership of the house because I am the only child and so was my dad I need help finding where he may have stated that iam the beneficiary to the house because we don’t use the same surname

My father just passed, he had been living with me since September of 2016. He moved to Washington from Idaho. He has a bank account with less than $12,000 and land on the Couer D’ Alene Reservation in Worley, ID and land on the Spokane Indian Reservation in Wellpinit, WA. He left no will. I am the oldest daughter of 3 and my father was still married to my mother. They have been split for 45 years. Does my mom get all his assets? I know my father would never want for my mother to get anything of his, nor does my mother want anything. What do I need to do to see about getting his land split between my sisters and I, as well as the money he has in a bank account. I already froze his account so no one could touch it.

One of my parents died and the next month the other died. My brothers and sisters took everything but I didn’t get anything at all. I am homeless and living in a tent but they won’t even talk to me. I know that I should have got SOMETHING but I didn’t. What should I do? There was no will or anything, my siblings just don’t like me.

Hi, my mother passd away two weeks ago and I’m he ronly child, she was divorced. I’m overseas working and will be able to make it back to the USA on january, what happens to my mother’s bank account and car title? I mean, how long do I have to do something before the state takes it? She has a twin brother in whom I trust, Can I give him power of attorney (documents notirized in US Embassy) so he can withdraw the money and close the accounts as well as selling my mother’s car? She was young, which menas she wasn’t retired, what happens to her social security retirement fund? So many questions, I’m completely lost.

My sister just passed away and didn’t have a living will. She has four children. She has a home that is financed through a mortgage company but none of her children are able to take on the payments. If my parents which is the deceased parents if they were to just pay off the mortgage what will happen then? Would the house go to my parents legally or would the kids still be in charge?

My Father died April 27, 2015. My sister and I were 32 & 31 when he died. He was married August 2010 (married less than 5 years when he died.) He split insurance between his current wife, me and my sister. He did not leave a will for his belongings. Is there any way my sister and I can legally get what we want from her? She is not being cooperative and the few items we want are of no use or value to her.

Hi my moms boyfriend passed away almost 2 months ago from throat cancer and other heath issues and didn’t have time to include my mom is his savings account for the reason that he would always be at the hospital or doctors appointments he had 2 children from his first marriage but the children never came around to visit him or talk to him and so he spent almost 32 years single and then one day he meet my mom they got to know each other then decided to move in together and my mom was the only person who was always there watching him day and night until his last breath and now that he passed away his daughter decided to come in the picture disrespect my mother saying she was a nobody and went to the bank to freeze her dads savings account and take the money saying her dad left her the money wen all that isn’t true now my mothers boyfriend didn’t leave a will or nobody in the bank account like I said because of him always being sick but he did heave a letter notarized saying he left all his money in his savings account to my mom because that was all he had time to do and also my mom and him had 5yeras together but not married I want to know if my mom has any rights to fight for that money

My dad and I weren’t very close, and he died with no will in Oklahoma. I lived in Iowa at the time. His brothers in Oklahoma, knew he died and didn’t tell me for days after my dad died. In those few days, they cleaned out his entire house of everything of value, and there wasn’t anything I could do. Here I was trying to grapple with the news my dad had died days before I was even told, just so his brothers could steal everything in the house.

My mother past away back in 1985 and left a 3 bedroom townhouse with me. I have lived and paid every payment for this property before and after my mom died. A year ago, I paid off the property and have lived here for the past 25 years. Now that the property is paid in full my siblings tell me that the property belong to all of us even though I’m the one who made all the payments and paid all yearly taxes. What rights to I have to this property or none at all. What should I do now that the family want rights. None of us took time to change the house into our names. Are they right, I just lost all my money paying for this property to share it with them.

My Mother has just passed away. In 2013 she added my name to the signature card attached to her checking and banking accounts. I learned today while at the bank closing them that she has several other accounts at the same bank. What steps need to be taken in order to access those accounts?

Long story short, My sister passed she has three children and a husband who is not the father of any of the children. He also walked out 20 years ago. Only reappeared when he heard she passed. What happens to the car and the few belongings she had. She had no will.

My boyfriend’s grandpa passed a couple of years ago, he had money and owned a couple houses. He had several children, my boyfriend’s dad being one of them. About a year later, my boyfriend’s dad also passed away. My boyfriend’s dad owns a house with his wife (my boyfriend’s mom) but I do not believe her name was on the house. The assets of the grandpa were still being distributed, as the 2 houses had to sell first, when the dad passed. I believe the dad did not have a will. So who is entitled to my boyfriend’s dad’s belongings and the remaining inheritance that he was entitled to when his dad passed before him? Currently my boyfriend’s mother (dad’s wife) is taking everything. When the houses of his grandpa sold (after his dad’s death), the portion that should have gone to his dad went to his mom instead – should it have gone to him and his siblings? What can he do if assets are not being divided up correctly? How can he find out what money and assets his dad had and left?

i am a single mother with 22 months baby my husband died more than a year ago and my mother in law call my that she received a letter that my husband has life insurance but she is the sole beneficiary because he got the insurance when he was still single do we have rights with the insurance that she will be getting? thanks

My father passed away August 2017, while he did leave his house in a trust to my middle sister, he left no other will or instructions about anything else. My middle sister was also on the bank accounts as my mom had a stroke many years ago and passed away. My question is, just because she is on the bank accounts does that entitle her to what is in those accounts? there are 3 of us (sisters).

My brother died in the military. I was still listed as his nok but he recently married a foreign national who is much younger than him so they transferred me to Snok. I was his guardian when he was under 18 due to our parents passing away. My brother leaves behind young children from a different marriage and his new wife will not talk to the family now that he has been buried. She is also not a us citizen and there is a language barrier. The military is now only passing info to the widow since the caco’s are done. There are so many things we need to talk about and the widow refuses to talk please help, no one will touch this case.

Hi im mike my father past on December 6 and i been trying 2 move in his house and my brother says i can’t me and my brother r the only 1s that can do anything my mother past a few years ago if i have the key can i move in my fathers house

my dad passed away Dec. 2016 without a will. My sister and I get along good and we have just sold his house. Do have to pay taxes on the money we inhearted from the sale of the house . This is in the state of va

My mom passed in December living no will. My dad died in January leaving a will stating that everything goes to me as I am the only child in the marriage of my mom and dad. Did everything my mom had go directly to my dad after he death? My dad’s will said he inherited everything from her and I am to get everything. Is this correct?

My mom just passed, she was a single parent. I am the only child. She had a roomate for financial reasons, not romantically involved. They lived in an apartment complex, where they shared the bills in half. My mom was on SSI. The roomate said I could come pick up her things but then changed his mind and claimed to be involved with her. ABSOLUTE LIE!! Telling me he was intitled to her things and he would disburse. I the only child is the only one who was with her in the hospital for days. She died in my arms. The hospital appointed me her proxy due to the fact she addmitted she was a victim of elder abuse. I handled her creamation all by myself. .I had to go through all the proper and legal proceedings, I . handled everything peaceful. Even with filing Article 13 Fuduciary. This man still refused to let me, the apt management and the police in. I went and got an amandment this man finally let me in BUT not in far and tore up her bedroom and is moving, hiding and giving away her belonging. The police are present each time we go. They STILL let him tell me what I can take???? What can I do?? Someone PLEASE HELP ME!!!

Sorry to hear about your mom passing away and that is a douche move of the roommate to do that and as the only child you are entitled to everything. Also good job with doing everything peacefully, hopefully this gets resolved soon.

My sister died without a Will she had a live-in boyfriend for 18 years, but he never worked or held a job. The boyfriend expects that he gets to keep everything in the house, which was fully furnished when in moved in. My father inherits the property and it’s contents but the boyfriend has gone to court and gotten an order from the Judge with the Respondents being myself and my son, not my father. Doesn’t he have to contest against my father?

My brother diec in Dec. And he wasnt married and didnt have any kids. And his parents are died. He has three brothers and lives in florida and he does not own and homes. Would the declaration of small estates apply to me for this. I also luvr in florida

My brother died suddenly with no will –never married –no children – Our parents are deceased.
Remaining siblings are myself and 2 sisters and one deceased sister with a living daughter. He lived in Indiana.
How is the estate divided ? Are any nieces or nephews beneficiaries?. Estate worth less than 50K

My father passed away in 2014. He was with someone for 20yrs. My sister and I were told that they got married when they moved to Florida. When he got sick, I called the town hall and there are no records of them being married. After he died, his significant other sold a property. She has 2 sons and I know she has helped them financially. She has lied to me many times in the past and I can’t let things go. I feel my sister and I were entitled to things and she is going to screw us. If they weren’t married and according to her my dad never had a will, as my dad’s next of kin, do my sister and I have some legal rights?

“In some ways, that rule is still in effect — if the deceased has no living relatives, his or her property and assets get turned over to the state.” – Why does the state get everything? It should go back to the people, the government already charges us a shit ton for taxes….

My elderly mom has no will, and no property since she’s been in assisted living for almost 10 years. What money she has is in an investment account with me being the joint owner. Will that account be mine when she passes away? And the same with her checking account? My name is on that account as well.

My brother passed away suddenly, expected. Oldest with all info and understanding about family property estate. He was married with no children. The family have tried to communicate with his living wife with no success. We are seeking someone to give counsel to his brothers and sisters who lived and cultivated the property for eighteen and more years.

My 24 year son died recently in a single car accident. The car was owned and insured by his father (we are divorced). His insurance had an accidental death indemnity clause covering any driver. I paid in full for the funeral and dad filed the insurance claim. He agreed to repay me in full thru this pay out. Now insurance wants me to write and sign something in regards to dad having all power in the matter. What do I write? Sample ideas? PLEASE HELP ASAP!
Rfegards
Theresa

My husband is looming to buying his grandpas land. His dad and his 3 uncles are on the deed for which his grandpa left to them. His grandpa has passed away and so have two of his uncles. His uncle that has been taken care of the property wants to sell it and is willing t swell to us and his dad his willing to sign. My question is, his two uncles that have passed each have one daughter but are not on any papers for the land. Can they come later down the line saying they want it and take it away? What is the next step?

Hi…recently my grand father and grandmother died his son left them alone for 10 years and knowing they are dead came to won the property my mom who is their daughter has looked after them can my mom get equal share in the property

My boyfriend’s father had passed about a month ago and he didn’t leave a will. My boyfriend being the second oldest and his workaholic father worked long and hard to run a fuel company and other businesses to support his siblings school tuition and other needs. Whenever his late father was ill my boyfriend was his sole caregiver while the rest of his siblings were away at school in the states. He was always put in charge of every and all of his father’s businesses when he was away for medical purposes as well as business trips. My boyfriend is very kind and humble but, now that his father has passed on his sister before him (the eldest) has forbidden him from every and all that is supposed to be divided equally amongst the 5 of them. My boyfriend’s pure hearted characteristics have blinded him to hand over every and all of what his father had bought him. Shouldn’t he rightfully own something or at least stay in his family house or even a right to own/use the car?

My wife passed away with no will. I understand the her only son is is entitled to 1/2 of the house. My question is how much is he entitled since we still owed quite a bit on the house. Does he inherit 1/2 of the moravage owed on it?

Hello I have a question for you, My father was divorced and died without a Will, He put my siblings and I as beneficiaries on his bank accounts, so we had no problem closing the accounts and retrieving the money. The problem we are facing now is with his property and car. We can’t sale them because both are not in our names. What can my siblings and I do to take possession of the property and car and sale them? By the way this is in VA.

Question: Uncle left first wife over 25 years ago but never legally divorced. He has lived with his current mate in the same home for over 20 years. The home was purchased by his common law wife and the home is titled in her name. Two autos one in his and one in her name. The man passes away without a will or will cannot be found and feared that a family member removed will from home and took other paperwork from the home after his death. The common law wife has multiple medical issues, is currently being examined for mental stability or POA will be issues to CLW sister or son of CLW. Property of man was taken by neighbors while man was in Hospice care in some kind of understanding and more items were taken before sister could get in town to care for CLW. The first wife has two daughter from this man. Who has authority over remaining assets he owns such as a car or other possessions? IF 100,000, is probate still required?

What about the case where there are 5 children, the middle child is my husband. We take care of the two younger children both under 18 but not as legal guardians. We have also been paying the mortgage for a few years. My mother in law died with no will. My husband’s older sister hasn’t lived here for 23 years of the 25 years this house has been around. The second oldest has been estranged for 7 years and never paid anything. What are the rights we have to this house we’ve been paying bills on for years? We are in California.

I sent my mother money to buy a house and she put the house under her name. She passed away last year and left no will. I have 7 siblings and now they are all after the money that they can get from “my” house that I paid for. What do I do?

I am from Illinois. My grandmother passed away in 1986. leaving behind 4 children. Her estranged husband passed away in 1978. When she died, she left behind a house she purchased in 1972. As early as 1976 my aunt, her oldest and first daughter, had assumed responsibility for the mortgage, and had singularly paid it off by 2000. She paid the taxes and all, however, my grandmother was unable to transfer the deed under her name due to her health so even today the house is still under my grandmother’s name. My father and a different aunt have since passed on leaving my aunt who is divorced and who assumed all responsibility of the home and her brother(my uncle) who has contributed little to nothing to the home, however my aunt has cared for him, and allowed him to stay out of familial obligation, but due to the crippling responsibility wants to sell the house and move into a senior living facility due to her deteriorating health. Can she legally sell the house without his permission.

My mother’s husband died and left no will. She is trying to get his savings account closed out, but his estranged 35 year old son believes he is entitled to half. In the state of Florida, is he entitled if there is no will?

My father passed and his live in girlfriend for 10 yrs. is still in his home. He has a total of 7 kids (1 being with that girlfriend) he never had her on any bills or on his taxes. He has a total of 7 children and no will. We buried him at the veterens memorial with a fundraiser. The Veterens cemetery list him as ..divorced. No will again. so who gets the house? Who pays for the legal fees if the house has to be divided and if she wont leave the home.

Dad Died in 2017 and we are the only surviving children – my brothers and I – my dad has property (tractors, trailers, dump trucks) which is on my grandma’s (his mom) land and she will not give anything to us. What should we do? No Will? other things my dad owned is on his brothers land and the same thing there – so my brothers and I have nothing of our dad’s…….please advise!

I Rolando
Dad passed away 2 years ago, and Mom just 3 months ago!
No will was made! They have 2 properties, vehicles, and other assets!
One siblings said that Dad mentioned that my baby brother would get everything!
(Hmm) I don’t think so!
Our parents had 8 children! And my older sister’s son, whom they raised but never adopted! I view him as my nephew, some siblings see him as brother! Why I’m writing this is simply because some siblings state that verbally dad said he was also to receive all properties!
They lived in Illinois, Cook County
Second property is in South Texas Cameron County
Any thought would be appreciated
Thank
Rolando (Rhonn)

My sister recently died. She had rented a storage shed in which to store her former home’s furnishings after she lost the house in foreclosure eight mos before she died. She also owned an older car. She’s been divorced for 25 years and has been totally estranged from her two children for thirty years. She has little money in the bank (less than $3k) and her only income was social security, which stopped upon death. Who is the beneficiary of her belongings? If the kids get the furnishings, car and remaining bank balance, who pays her considerable outstanding medical, credit card and other debts?

my fiance passed at the age of 31 about 3 months ago. him and i have lived together for 3 years at my moms house and we have a 14 month old child together. does his mother and sister have any rights to the child? he also has belongings in our room such as signed autographs, clothes, trophys, ect.. since our son would be next on the kin, would that all go to him or them? also since the child lives with me the same way my fiance did, now that he is gone i obvioulsy have full custody over him. do i have saying in who gets visitation with him as far as my would be sister in law who is a drug addict, father in law and mother in law?

I just heard from a friend that she just found out her unmarried father died, She is the only child.
Even with a will, could she still contest, being the only DIRECT blood heir?
If estate was divvied up without her knowledge, (don’t know if there even is an estate of value)
Could she sue to get her rightfully hers inheritance?
I don’t know if he was an divorced father, single father etc, but according to her brief statement, he was not married and she was the only child.

my father passed away 6 months ago they had some land we all live on my and two of my siblings well my mom went and added me and two of my siblings to the deed so we own 1/4 of the land my moms 1/4 if she dies and she remarries who gets her 1/4 part i was told by the people who fixed the deed if we died our spouse and children get our 1/4 part of the land so if my mom remarries does her new husband get her part

my sister and her husband are selling my mothers estate,there was no will and is fee land.is it legal for her attorney to send only me paper work that was not stamped by the courts when there was 7 of us total. Two are deceased.She sent my remaining brothers paper work to adresses that she knew they were not living.
.

Hi there, my father passed away August 16, 2018. Throughout his life he would pay taxes using his ITIN number for four years he received his social worked it for four years. I am the oldest out of four children currently looking for help for younger siblings. My dad did not leave a will. He committed suicide. My dad has everything under his name. Do we have to take our case to a court? Also, my dad didn’t have credit cards, always made sure his payments where completed. My mom is in the process of fixing papers. So my family agreed to put me in charge of household at the age of 20. I’m stressing so much.

hello. My brother passed on 07/21/2017. He married right before he got sick. He still until this day does not have a headstone. The wife will not respond to any questions about it but the cemetery is telling us that she has to make that call because by law she is next of kin. What can my family do to get our loved one a headstone when the wife wont cooperate?

My Uncle died November 12th- we were not notified of his death until November 16th. On November 21st, we notified his landlord of my uncle’s death, and we wanted to move in and take over his lease. The landlord would not agree. He now posted on our front door that my mom and I must be out by december 31st at 5pm, , We’ve been looking at available rental properties, however with the holidays and short notice, there’s no way we will be out before february 1st. I see that Wisconsin law states my uncle’s lease is not terminated until 60 days after we notify his landlord of his death, which we notified them of his death on November 21st. So 60 days from November 21st would be january 21st. So it seem they cannot get us removed from my uncle’s rental until after january 21st. Is this a correct statement?

My dad died December 31,2018 ,and I’m his only child. Unfortunately his wife had him cremated the next day without informing me of his death. She also took all his personal belongings and locked up his house so I wouldn’t be able to stay in the house for the memorial. Does she have the right to do that to me?

Hello – my mother passed away without a will. She has owned a house with her sister since the early 80’s she was taken off of the title when they refinanced a few years ago because of a defaulted student loan she cosigned on. My loan… however they never spoke to me about any of this and I don’t quite understand why they would do something like this unless my aunt talked her into this somehow. I am in the process of acquiring all of the title documents other than that I have no idea how to proceed. I am currently signing legal documents stating her estate is under 150,000$ I am unclear if this included property or not –

My husband’s mother passed away. The house and property she had first belonged to her mother. We are being told that his grandmother had something written up saying if anything happened to her the house and property were to go to my husband’s mother and that his mother had everything put into her name. How do we go about finding out if the house and property is truly in his mothers name or not?
Also prior to her passing the city/state told her some things that had to be fixed in the house and on the property or they were going to condemn it and tear it down. Of course she passed away before having the chance to do any of it. Now everything is left up to my husband and he wants to fix the house up so we can live in it with our daughter. The city is basically telling him they have to be the ones to give him time and permission to do it and if not they will tear him t down and put a lean on it. Can they do this? What are his rights? Do they have to give him a chance to either fix it up or tear it down himself?
This is in Texas

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